N.Y. Defense Emergency Act 1951 784/51 § 21: Powers and duties of commission

§ 21. Powers and duties of commission. Because of the existing danger

of disasters of unprecedented size and destructiveness resulting from

attack and in order to insure that the preparations of the state will be

adequate to deal with such disasters and generally to provide for the

civil defense, and to assist other states and the federal government to

achieve these objectives throughout the nation, the commission shall

have the following powers and perform the following duties:

1. To obtain from any public officer and any other person any and all

information necessary for civil defense, including but not limited to

the nature, extent, location and availability for use, of manpower,

skilled and unskilled; municipal agencies; land; food, fuel, feed and

water; housing, shelter and related facilities; hospitals, clinics and

other health and welfare facilities; schools and other educational

facilities; sanitation facilities; recreation facilities; organizations,

materials, power, plants and other facilities for production,

manufacturing, transportation, finance, agriculture, commerce and public

health and safety.

2. Hold hearings and conduct investigations; the chairman, director or

the commission may issue a subpoena requiring a person to attend before

the commission and be examined in reference to any matter relating to

civil defense and in a proper case to bring with him a book, paper, or

thing. The provisions of article twenty-three of the civil practice law

and rules shall apply with respect to a subpoena issued pursuant to this

section. Any member of the commission or the director may administer an

oath to a witness.

3. Adopt, promulgate, supplement, rescind, modify and make effective a

comprehensive plan for the civil defense of the state, including but not

limited to provisions for:

A. In General.

a. Medical treatment, food, clothing and shelter and other items

necessary in the event of attack and during the period of rehabilitation

and recovery following attack.

b. Location, procurement, construction, processing, transportation,

storing, maintenance, renovation or distribution of materials and

facilities.

c. Protection for every person in the state from fallout radiation and

other dangers resulting from attack.

d. Construction, installation and maintenance by owners and users of

property of shelters and other devices and facilities essential to

public safety during and subsequent to attack.

B. Organization and Administration.

e. Programs for the training and information of the public, including

but not limited to the achievement of protection from fallout radiation

and other dangers resulting from attack, practice blackouts, drills or

tests, mobilization of civil defense forces, the shutting off of water

mains, gas mains, electric power connections and the suspension of other

utility services.

f. Recruitment, organization, staffing, maintenance, equipment,

training, mobilization and utilization of volunteer agencies either

directly or through political subdivisions of the state.

g. Equipment, training and utilization of municipal agencies.

h. Establishment of control and report centers and other operational

headquarters and facilities.

i. Warning systems and signals.

j. Assignment, recruitment, organization, training and mobilization,

in conjunction with the commissioner of transportation and the

commissioner of health, of all publicly owned construction and health

service equipment and publicly employed construction, radiological,

health service and sanitation personnel into public works, public

utility, monitoring, decontamination, rescue and health service teams.

k. Identification, location and planning for the integration with such

publicly equipped and publicly employed teams of all privately owned

construction and health service equipment, all privately employed

construction, radiological, health service and sanitation personnel and

all public utility installation and maintenance personnel.

l. Evacuation of certain persons in the event of or anticipation of

attack, including the establishment of temporary housing and schools and

other emergency facilities.

C. Continuity of Government.

m. Recruitment, training and equipment of radiological control center

personnel, decontamination specialists and radiological monitors and

maintenance of the necessary radiological staff, materials and

facilities.

n. Continuity of government of the state and of political subdivisions

of the state.

o. Storage of essential governmental records of the state and of

political subdivisions of the state in conjunction with the public

officers having responsibilities therefor under other provisions of law.

D. Public Order.

p. Enforcement of all laws relating to civil defense and the

regulations or orders of the council and commission in the event of

attack and during the period of rehabilitation and recovery following an

attack.

q. Control of pedestrian and vehicular traffic, transportation and

communication facilities, public utilities and the conduct of persons

other than members of the armed services or military forces in the event

of an attack, during drills and tests and immediately prior and

subsequent thereto, and during the period of rehabilitation and recovery

following an attack.

r. Guarding and protection of water supplies, railroads, public

utility property, bridges, docks, highways, airports, landing fields,

public buildings, factories, plants, stockpiles, vital and strategic

materials and other focal points of possible attack, the loss or

destruction of which might menace or endanger the security and safety of

the civilian population, impede the military forces or impede the

defense effort.

s. The effective screening and extinguishing of lights, lighting

devices and appliances.

t. Protection and preservation of property in the event of attack and

during the period of rehabilitation and recovery following an attack.

E. Intergovernmental Relations.

u. Cooperation and liaison with officers and agencies of this state

and its political subdivisions, of other states and their political

subdivisions and of the federal government and, through the commission,

by the officers and agencies of this state and its political

subdivisions and those of other states and their subdivisions and those

of the federal government.

v. Mutual aid arrangements between political subdivisions of the

state.

w. Consolidation of local offices of civil defense, provided, however,

that no order requiring consolidation of two or more local offices shall

be adopted by the commission unless it shall have held a public hearing

thereon and shall have sent written notices of its intention to hold

such hearing to the chief executive officers and the local legislative

bodies of the county or city or cities to be affected thereby at least

ten days prior to the date fixed therefor.

F. Recovery and Rehabilitation.

x. Civil defense measures to be taken following attack, such as

monitoring for radiation and other specific hazards of special weapons;

decontamination procedures; essential debris clearance; immediately

essential emergency repair or restoration of damaged vital facilities;

implementation of the means and methods for the recovery and

rehabilitation of the state; effective utilization of all persons and

materials; distribution of stockpiled food, water, medical supplies,

machinery and other equipment; the preservation of raw materials; the

restoration of essential community services, industrial and

manufacturing capacity, and commercial and financial activities in the

state; the resumption of educational programs and the termination of

emergency measures taken pursuant to the plan, orders or regulations of

the commission after an attack.

y. The continued operation of all utilities, sources of power,

essential railroads and other transportation facilities.

z. Care for the injured and needy and identification and disposition

of the dead after attack.

4. Adopt, promulgate, supplement, rescind, and modify regulations

necessary to execute and implement its powers and duties which are not

inconsistent with any plan, regulation or order of the council. Any such

regulation shall have the force and effect of law ten days after filing

in the office of the department of state except that upon a finding by

the commission that an earlier effective date is necessary to the safety

and health of the people of the state, such a regulation may be made

effective at such time after it is filed in such office as the

commission shall provide. Any such regulation shall remain in effect

during such period or periods of time as it shall provide. The secretary

of state shall, as soon as possible after such a regulation has been so

filed, mail a copy thereof to the clerk of each county, town, city and

village who shall keep it on file in his office during the effective

period thereof, but failure to mail such a copy to any such clerk or the

failure of any such clerk to file it shall not affect the validity of

any such regulation. The commission shall make adequate provision for

publication of such regulations, which provision may include publication

in the state bulletin or periodic circulars to be issued by the

department of state.

5. Subject to the approval of the governor, enter into mutual aid

agreements, compacts or arrangements in relation to civil defense with

other states, their political subdivisions or their civil defense

authorities.

6. Notwithstanding the provisions of sections twenty-two and

twenty-three or any other provision of this act, by order, direct the

performance of specific duties under the plan, regulations or orders of

the commission and require compliance with standards established by such

plan, regulations or orders by agencies, local directors and other

public officers having administrative responsibilities under this act,

including full or partial mobilization of civil defense forces in

advance of attack. The commission is authorized to vary or modify in

whole or part any provision or requirement of sections twenty-two and

twenty-three of this act where strict compliance with such provision or

requirement would entail practical difficulties or cause unnecessary

hardship or is otherwise found to be unwarranted.

7. Remove any member of any volunteer agency for incompetence,

misconduct, neglect of duty, disloyalty or subversive activity.

8. Require reports from agencies and public officers at such times and

in the form prescribed by the commission.

9. To appropriate, through the commissioner of transportation or

otherwise, real property or any interest therein in accordance with the

method provided in section thirty of the highway law.

10. Report to the governor and to the legislature concerning its

activities at least once a year and whenever requested.